do-me/EUR-LEX huggingface dataset:
Commission Regulation (EU) No 1200/2010 of 14 December 2010 establishing a prohibition of fishing for saithe in Norwegian waters of I and II by vessels flying the flag of Portugal
Date: 2010-12-14
Institutions: European Commission
Subjects: EU waters, Portugal, catch quota, fishing area, fishing regulations, fishing rights, sea fish, ship's flag








L_2010333EN.01003701.xml










17.12.2010   


EN


Official Journal of the European Union


L 333/37








            COMMISSION REGULATION (EU) No 1200/2010
of 14 December 2010
         
establishing a prohibition of fishing for saithe in Norwegian waters of I and II by vessels flying the flag of Portugal


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 53/2010 of 14 January 2010 fixing for 2010 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in waters where catch limitations are required (2), lays down quotas for 2010.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2010.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2010 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 December 2010.


For the Commission, On behalf of the President,
Lowri EVANS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  
            OJ L 21, 26.1.2010, p. 1.




ANNEX






No


12/T&Q




Member State


Portugal




Stock


POK/1N2AB.




Species


Saithe (Pollachius virens)




Zone


Norwegian waters of I and II




Date


19.4.2010
Commission Regulation (EU) No 1196/2010 of 14 December 2010 establishing a prohibition of fishing for deep-sea sharks in Community waters and waters not under the sovereignty or jurisdiction of third countries of X by vessels flying the flag of Portugal
Date: 2010-12-14
Institutions: European Commission
Subjects: EU waters, Portugal, catch quota, fishing area, fishing regulations, fishing rights, sea fish, ship's flag








L_2010333EN.01002901.xml










17.12.2010   


EN


Official Journal of the European Union


L 333/29








            COMMISSION REGULATION (EU) No 1196/2010
of 14 December 2010
         
establishing a prohibition of fishing for deep-sea sharks in Community waters and waters not under the sovereignty or jurisdiction of third countries of X by vessels flying the flag of Portugal


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EC) No 1359/2008 of 28 November 2008 fixing for 2009 and 2010 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks (2) lays down quotas for 2009 and 2010.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2010.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2010 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 December 2010.


For the Commission, On behalf of the President,

Lowri EVANS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  
            OJ L 352, 31.12.2008, p. 1.




ANNEX






No


14/DSS




Member State


Portugal




Stock


DWS/10-




Species


Deep-sea sharks




Zone


Community waters and waters not under the sovereignty or jurisdiction of third countries of X




Date


7.5.2010
Case F-67/05 RENV: Judgment of the Civil Service Tribunal (Third Chamber) of 14 December 2010 — Michail v Commission (Staff case — Officials — Referral back to the Tribunal after setting aside — Career development report — 2003 appraisal exercise — Action for annulment — Action for damages)
Date: 2010-12-14
Institutions: Civil Service Tribunal
Subjects: European official, rights of civil servants, staff assessment








C_2011252EN.01004702.xml










27.8.2011   


EN


Official Journal of the European Union


C 252/47





Judgment of the Civil Service Tribunal (Third Chamber) of 14 December 2010 — Michail v Commission
(Case F-67/05 RENV)
(Staff case - Officials - Referral back to the Tribunal after setting aside - Career development report - 2003 appraisal exercise - Action for annulment - Action for damages)
2011/C 252/99
Language of the case: French

Parties


Applicant: Christos Michail (Brussels, Belgium) (represented by: C. Meïdanis, lawyer)

Defendant: European Commission (represented by: initially J. Currall and K. Herrmann, agents, then by J. Currall and K. Herrmann, agents, and by E. Bourtzalas and I. Antypas, lawyers)

Re:

Application for the annulment of the applicant’s career development report for the appraisal period from 1 April 2003 to 31 December 2003 and a claim for damages (formerly T-284/05) — Case T-49/08 P referred back after appeal.

Operative part of the judgment

The Tribunal:






1.


annuls Mr Michail’s career development report for the period from 1 April to 31 December 2003;










2.


orders the European Commission to pay Mr Michail damages of EUR 1 000;










3.


orders the European Commission to pay the costs.
Case C-591/10: Reference for a preliminary ruling from High Court of Justice (Chancery Division) (United Kingdom) made on 14 December 2010 — Littlewoods Retail Ltd and others v Her Majesty's Commissioners of Revenue and Customs
Date: 2010-12-14
Institutions: Court of Justice
Subjects: EU law - national law, United Kingdom, VAT, interpretation of the law, tax system, taxpayer








C_2011089EN.01000601.xml










19.3.2011   


EN


Official Journal of the European Union


C 89/6





Reference for a preliminary ruling from High Court of Justice (Chancery Division) (United Kingdom) made on 14 December 2010 — Littlewoods Retail Ltd and others v Her Majesty's Commissioners of Revenue and Customs
(Case C-591/10)
2011/C 89/12
Language of the case: English

Referring court

High Court of Justice (Chancery Division)

Parties to the main proceedings


Applicants: Littlewoods Retail Ltd and others

Defendant: Her Majesty's Commissioners of Revenue and Customs

Questions referred







1.


Where a taxable person has overpaid VAT which was collected by the Member State contrary to the requirements of EU VAT legislation, does the remedy provided by a Member State accord with EU law if that remedy provides only for (a) reimbursement of the principal sums overpaid, and (b) simple interest on those sums in accordance with national legislation, such as section 78 of the Value Added Tax Act 1994?










2.


If not, does EU law require that the remedy provided by a Member State should provide for (a) reimbursement of the principal sums overpaid, and (b) payment of compound interest as the measure of the use value of the sums overpaid in the hands of the Member State and/or the loss of the use value of the money in the hands of the taxpayer?










3.


If the answer to both questions 1 and 2 is in the negative, what must the remedy that EU law requires the Member State to provide include, in addition to reimbursement of the principal sums overpaid, in respect of the use value of the overpayment and/or interest?










4.


If the answer to question 1 is in the negative, does the EU law principle of effectiveness require a member state to disapply national law restrictions (such as sections 78 and 80 of the Value Added Tax Act 1994) on any domestic claims or remedies that would otherwise be available to the taxable person to vindicate the EU law right established in the Court of Justice's answer to the first 3 questions, or is it sufficient that the national court disapplies such restrictions only in respect of one of these domestic claims or remedies? What other principles should guide the national court in giving effect to this EU law right so as to accord with the EU law principle of effectiveness?
Decision to close the formal investigation procedure after withdrawal by Member State — State aid — Finland (Articles 107 to 109 of the Treaty on the Functioning of the European Union) — Commission notice pursuant to Article 108(2) of the TFEU — Withdrawal of notification — State aid C 9/10 (ex N 417/09) — Temporary capital tax gains tax relief on sales of cultivated land
Date: 2010-12-14
Institutions: European Commission
Subjects: Finland, State aid, control of State aid, financial aid








C_2010337EN.01001401.xml










14.12.2010   


EN


Official Journal of the European Union


C 337/14





DECISION TO CLOSE THE FORMAL INVESTIGATION PROCEDURE AFTER WITHDRAWAL BY MEMBER STATE
State aid — Finland
(Articles 107 to 109 of the Treaty on the Functioning of the European Union)
Commission notice pursuant to Article 108(2) of the TFEU — Withdrawal of notification
State aid C 9/10 (ex N 417/09) — Temporary capital tax gains tax relief on sales of cultivated land
2010/C 337/04
The Commission has decided to close the formal investigation procedure initiated under Article 108(2) of the TFEU on 24 March 2008 in respect of the measure referred to above (1), in view of the fact that Finland withdrew its notification on 29 April 2010.


(1)  OJ C 249, 16.9.2010.
Case F-80/09: Judgment of the Civil Service Tribunal (First Chamber) of 14 December 2010 — Lenz v Commission (Civil service — Officials — Social security — Reimbursement of the costs of treatment provided by a Heilpraktiker — Principle of non-discrimination)
Date: 2010-12-14
Institutions: Civil Service Tribunal
Subjects: European Commission, action for annulment, damages, health care, redemption








C_2011030EN.01006102.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/61





Judgment of the Civil Service Tribunal (First Chamber) of 14 December 2010 — Lenz v Commission
(Case F-80/09) (1)

(Civil service - Officials - Social security - Reimbursement of the costs of treatment provided by a ‘Heilpraktiker’ - Principle of non-discrimination)
2011/C 30/117
Language of the case: German

Parties


Applicant: Erika Lenz (Osnabrük, Germany) (represented by: initally, V. Lenz and J. Römer, lawyers, and subsequently, V. Lenz, J. Römer and P. Birden, lawyers)

Defendant: European Commission (represented by: J. Currall and B. Eggers, agents)

Re:

Application for annulment of the Commission’s decision of 4 May 2009 not to reimburse the costs of medical treatment provided by a ‘Heilpraktiker’.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action of Mrs Lenz.










2.


Orders Mrs Lenz to pay the costs.






(1)  OJ C 282, 21.11.2009, p. 66.
Commission Regulation (EU) No 1197/2010 of 14 December 2010 establishing a prohibition of fishing for cod in international waters of I and IIb by vessels flying the flag of Portugal
Date: 2010-12-14
Institutions: European Commission
Subjects: EU waters, Portugal, catch quota, fishing area, fishing regulations, fishing rights, sea fish, ship's flag








L_2010333EN.01003101.xml










17.12.2010   


EN


Official Journal of the European Union


L 333/31








            COMMISSION REGULATION (EU) No 1197/2010
of 14 December 2010
         
establishing a prohibition of fishing for cod in international waters of I and IIb by vessels flying the flag of Portugal


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 53/2010 of 14 January 2010 fixing for 2010 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in waters where catch limitations are required (2), lays down quotas for 2010.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2010.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2010 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 December 2010.


For the Commission, On behalf of the President,
Lowri EVANS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  
            OJ L 21, 26.1.2010, p. 1.




ANNEX






No


15/T&Q




Member State


Portugal




Stock


COD/1/2B.




Species


Cod (Gadus morhua)




Zone


International waters of I and IIb




Date


7.5.2010
Case C-588/10: Reference for a preliminary ruling from the Naczelny Sąd Administracyjny (Polish Republic) lodged on 14 December 2010 — Minister Finansów v Kraft Foods Polska S.A.
Date: 2010-12-14
Institutions: Court of Justice
Subjects: Poland, VAT, basis of tax assessment, interpretation of the law, tax system








C_2011089EN.01000502.xml










19.3.2011   


EN


Official Journal of the European Union


C 89/5





Reference for a preliminary ruling from the Naczelny Sąd Administracyjny (Polish Republic) lodged on 14 December 2010 — Minister Finansów v Kraft Foods Polska S.A.
(Case C-588/10)
2011/C 89/10
Language of the case: Polish

Referring court

Naczelny Sąd Administracyjny

Parties to the main proceedings


Applicant: Minister Finansów

Defendant: Kraft Foods Polska SA

Question referred

In view of the fact that Article 90(1) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (1) provides that where the price is reduced after the supply takes place, the taxable amount is to be reduced accordingly under conditions which are to be determined by the Member States, does the concept of these conditions cover a condition such as that provided for in Article 29(4a) of the Ustawa o podatku od towarów i usług (Law on turnover tax) of 11 March 2004 (Dziennik Ustaw No 54, item 535, as amended), which makes the right to reduce the taxable amount in relation to the amount set out in an invoice contingent on holding, before the expiry of the time limit for submitting a tax declaration for the accounting period in which the purchaser of the product or service received a correcting invoice, acknowledgement of receipt of the correcting invoice by the purchaser of the product or service in respect of which the invoice was issued, and does it infringe the principle of VAT neutrality and proportionality?


(1)  OJ 2006 L 347, p. 1.
Case F-25/07: Judgment of the Civil Service Tribunal (Second Chamber) of 14 December 2010 — Bleser v Court of Justice (Civil Service — Officials — Appointment — Classification in grade by application of new, less favourable, rules — Articles 2 and 13 of Annexe XIII to the Staff Regulations — Principle of transparency — Principle of correspondence between the grade and the post — Prohibition of discrimination on grounds of age — Duty of care — Principle of sound administration — Principles of legal certainty and non-retroactivity — The prohibition on reformatio in pejus — Principle of the protection of legitimate expectations — Principle of good faith — Principle patere legem quam ipse fecisti)
Date: 2010-12-14
Institutions: Civil Service Tribunal
Subjects: European official, action by staff, age discrimination, equal treatment, recruitment, regulations for civil servants, wage determination








C_2011038EN.01001801.xml










5.2.2011   


EN


Official Journal of the European Union


C 38/18





Judgment of the Civil Service Tribunal (Second Chamber) of 14 December 2010 — Bleser v Court of Justice
(Case F-25/07) (1)

(Civil Service - Officials - Appointment - Classification in grade by application of new, less favourable, rules - Articles 2 and 13 of Annexe XIII to the Staff Regulations - Principle of transparency - Principle of correspondence between the grade and the post - Prohibition of discrimination on grounds of age - Duty of care - Principle of sound administration - Principles of legal certainty and non-retroactivity - The prohibition on reformatio in pejus - Principle of the protection of legitimate expectations - Principle of good faith - Principle patere legem quam ipse fecisti)
2011/C 38/33
Language of the case: German

Parties


Applicant: Thomas Bleser (Nittel, Germany) (represented by: P. Goergen and M. Wehrheim, lawyers)

Defendant: Court of Justice of the European Union (represented initially by: M. Schauss, Agent, later by A. V. Placco and M. Glaeser, Agents)

Intervener in support of the defendant: Council of the European Union (represented by: M. Arpio Santacruz and M. Simm, Agents)

Re:

Annulment of the decision of the Court of Justice classifying the applicant, who was placed on a reserve list before the entry into force of the new Staff Regulations, in accordance with the less favourable provisions thereof (Article 12 of Annex XII to Regulation (EC, Euratom) No 723/2004 of 22 March 2004 amending the Staff Regulations of officials)

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders each party to bear its own costs.






(1)  OJ C 117, 26.5.2007, p. 36.
Case C-349/09: Order of the President of the Third Chamber of the Court of 14 December 2010 — European Commission v Republic of Poland
Date: 2010-12-14
Institutions: Court of Justice
Subjects: European Commission, Poland, action for failure to fulfil an obligation, experiment on humans, import, medical research, medicinal product, pharmaceutical industry, pharmaceutical legislation








C_2011089EN.01001202.xml










19.3.2011   


EN


Official Journal of the European Union


C 89/12





Order of the President of the Third Chamber of the Court of 14 December 2010 — European Commission v Republic of Poland
(Case C-349/09) (1)

2011/C 89/23
Language of the case: Polish
The President of the Third Chamber has ordered that the case be removed from the register.


(1)  OJ C 312, 19.12.2009.
Case F-74/09: Judgment of the Civil Service Tribunal (First Chamber) of 14 December 2010 — Gowitzke v Europol (Civil service — Europol staff — Article 27 of the Staff Regulations applicable to Europol employees — Article 4 of the policy for determining grades and steps of Europol staff — Reassessment of a post to the next grade — Classification by step)
Date: 2010-12-14
Institutions: Civil Service Tribunal
Subjects: European official, Europol, action by staff, personnel administration, professional career








C_2011030EN.01006003.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/60





Judgment of the Civil Service Tribunal (First Chamber) of 14 December 2010 — Gowitzke v Europol
(Case F-74/09) (1)

(Civil service - Europol staff - Article 27 of the Staff Regulations applicable to Europol employees - Article 4 of the policy for determining grades and steps of Europol staff - Reassessment of a post to the next grade - Classification by step)
2011/C 30/115
Language of the case: Dutch

Parties


Applicant: Werner Siegrfried Gowitzke (The Hague, the Netherlands) (represented by: D.C. Coppens, lawyer)

Defendant: European Police Office (Europol) (represented by: D. Neumann and D. El Khoury, agents, and B. Wägenbaur, lawyer)

Re:

Application for annulment of Europol’s decision of 5 June 2009 rejecting the applicant’s claim to have his classification changed to grade 5, step 1.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action.










2.


Orders the applicant to pay the costs.






(1)  OJ C 267, 7.11.2009, p. 85.